HomeMy WebLinkAboutContract 35822cirv sECRE����
G�RITRACT i�p .
C�NSENT AGREEIV�NT
FOR
TEIviPOT2ARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COTINTY OF TARRANT
THIS AGRF,F,MFN'�' is made and entered into by and bet�ueen Yhe City of Fort Wo��th, a
municipal corporation of Tatrant County, Texas, acting herein by and through its duly authorized
Btiilding Ofiicia[, hereinaf�er referred lo as fhe "Cily" and SEDALCO, L.P.
Acting by �nd through its duly authorized agent, Russ Garrison ,
Hereina$er referred to As "Grantee".
WITNES�ETFI:
For �nd in consideration of tlie paymeut by Grantee of ci�arges set out below and the true and
faithfitl performance of the mutual cavenants herein contained, City itereby grants to Grantee
�ermission to temporarily encroach upon, uses and occupy portion of tlle space under, on and/o�•
above the streets, alleys, sidewalks or other public rights-of-way as follows;
for the purpose of constructing new office space at 512 Commerce St.
The location and description of said eneroachment is more particularly described in E:chibit "B"
attached hareto, incorporated hereiu and made a pai�t heraof for all puiposes.
2.
Ail use and occupancy of public sh�eet, alleys, sidewalks or othcr public riglrts-of-way under
this agreement shall be in strict compliance with the Chlrter, Ordinances and Codes of the City
and in accordance with the directions of the Building Offcial and the Director of Transportation
and Public Works of City.
CONSEFITA6REPlAEtJr(orTemporaryussofpubGcpropertytdac . ,,� n /�-�r' ��'� �
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f�,.�Y;�1:i', II lJ' ��'S �� .
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3.
iJpon expiration of this agreement and the privileges granted hereunder, there shall be iio
encroachment by Grantee in, uuder, on or above the surfaca of the public rights-of-way involved.
4.
Grantee agrees to pay in advance an encroachment fee for the temporary privilege of
encroaching iipon a portion of the ptiblic rights-of-wa�� as tlescribed in �xhibit "B". Said fee is
calculated in the manner and amounts prescr•ibed by the Building Code of the Ciry of Fort Worth
For temporary use or occupancy of public property. The estimated total amotml of said fee is:
2,600 SF of sidewalk for 108 days $4,212.00
^C�pSF of street for 108 days _$ �c;7�C��
�—.-- �
Total: S - � + . ��
5.
Grantee, at uo expense to City, shall make propei• provision for the relocation and/or
installation of �ny existing or future traffic cont�•ol devises �r other improvements affected hy
such encroachment, use and occupancy, including the securing of approval and consent from the
appropriafe age��cies of the State a�id its political subdivisions, [ii the event that any installation,
reinstallation, relocation or repair of any existing or fut�ire traffic control device or improvement
owned or constructed by or on behalf of the public or at public expense is made more costly by
vii�tue of the existence of such encroachmeut and use, Crantee shall pay to Ciry and additional
ainoimt equal to such additional cost as determined by City.
6.
The term of this agreement shall be for 108 days, from 7/16/07 go 10/31/07 ,
Provided, Ilowever, shoulcJ the need for the ena•nachments granted hereunder at any time cease,
Grantee agrees to iminediately notify City of such condition; and, upon receipt of such notice 6y
the Bttilding OFlicial oP the City oF Fort Worth, tliis agreement sl�a(I tern�inute.
7.
It is expressly understood and agreed that thrs Consent Agreement is fo�• a temporvy
ene�•oachment in, under, over and upon the pnblic property as located and desa•ibed En Exhibit
CONSFNT AGREE?AFN71or Temporary usa o( puNic property7.dec
"B", This agreement shall not be construed as the granting of a. pennanent easement,
encroachment or license upon City's public streets, alleys, sidewalks, or other rights-of-way.
�.
City, through its duly authorized representatives, shall have tlle full and mirestricted right to
enter upon all public rights-of-way for f1�e purpose of making inspections to determine
compliance with the tern�s, covenants and cnnditions herein. In the event that any inspection
should reveal a breach of any taims, covenants or conditions herein, City shall give Grantee
notice of such breach. Should such breach not be correc(ed by Grantee ��ithin twenty-four (24)
hoars of receipt of the notice, or within such shoi�ter period of time as deemed necessary b� the
Building Off'icial fo�• the protection of public health or safety, City may terminate and cancel this
agreement.
9.
Upon expiration or teimination of this agreement for any reason �vt�atsoever, Grantee shall, at
no expense to City, i�estore the pub(ic rigl�ts-of-rvay and adjacent suppoi�ting structures to a
condition �cceptable to the Director of Transportation and Public Wor(cs or his duly authorized
representative and in accordance with then existing City specifications, and Grantee shall remove
all barricades, equipment, supplies, maferials or other propei-ty from said location. Grantee
finther covenattts and agrees that for a period of one ( l) year after the fermination of this Consent
Ag►•eeinent, Gi•antee will repair all coi�ditions or damages to the streets and sidewalks or other
rights-of-way that have cesulted frottt Grantee's use or occupattcy of the st[•eets and sidewall<s or
other righYs-of-way, 1s detern�iued by the Director of Transportation and Public Works or his
designee. Grrantee agrees to begin such repairs within thirty (30) days of receipt of notice From
the l�irector of Tr�nspoi�tation and Public Worl<s or I�is designee. All repairs shall be per-formed
in an expeditious and workmanlike manner and shall comply witli all lpplicable laws, codes,
ordinances and City specifications.
[n the event tfiat Grintee fails to comply with the covenants herein confained with respect to
st�ch removal or restoration, the City shall have the rigl�t to remove or dispose of any barricades,
equipment, supplies, materials oe other prape�iy and i•epair any conditions which in the opinion of
the City are necessary to bring the public rights-of-tivay to the condition prescribed herein, and
City shall not be responsible for trespass or any other damage or liability in connection wieh such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal
and/or repaics immediately following billing for same by City.
3
CONSENT AGREElAENTfar Temparary �.ise of pu6lic properiYt.doc
NotJting herein shall be construed as a evaiver by City to enforce penal sanctions prescribed
by the Code of the City of Fort Worth and the laws of the State of Texas f�r Grantee's continued
encraachinent upon the public rights-of-way fo(Iowing [ermination of this Consent Agreement.
10,
[t is fi�rther tmderstood and agreed between the parties hereto that City holds die city streets,
alleys, sidewalks and other pubIic rights-of-way, including tfie pnrtions of such streets used and
encroached upon as described herein, as trustee for the p�tblic; thai City axercises such powers
ovea� tlie streets as have been delegated to it by the Constitution of the 5tate of Texas or by the
Legislature; and the City cannot contract away its duty and its legislative power to coutc•ol the
streets for tl�e use and 6enefit of the public. It is accordingly agreed that if the governing body of
City, to wit, its Ciry Council, shall at any time dw•ing the term liet•eof determine in its sole
discretion to use or enuse or parmit to be used for any pttblic purpose tlxe said eneroached portion
oPthe sn�eets, then tltis xgreemenf shall be automatically canceled and terminated.
l.l.
Grantee agrees to comply fully with all applicahle federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the conshuction, operation and mnintenmice
oFsaid encroachmenls and uses.
12.
Grantee agrees to pay promptly when due alf fees, taxes or rentals provided frn• by this
agreement oc by any federal, state or locai stahie, law or regulation.
13.
Craneee covenants and ag�•ees that it shall exercise all riglits and privileges granted hereunder
as an independent cont��actor, and not as an officer, agent, setvant or employee of City; that
Grantee shall have excliisive control of and the exclusive right to control the details of its
operalions and activities on said desa�ibed public propeity and all persons performing same, anc!
shall be solely responsible for the �cts and o�nissions of its officers, agents, servants, e�nployees,
coniractors, subcontracto��s, licensees and invitees; that the doctrine of respondeat superior shall
not �pply as benveen City and Grantee, its o�cers, agents, servants, employees, cont�-actors and
subcontractors, and nothing herein sha(1 6e construed as creating a partnership or joint enterprise
between City and Grantee.
4
CONSENT AGREEMENTIar Temporary usa of public propErtyt.doc
ia.
GRAI+ITEE COVENANTS AND AGREES T� llV}3ENPIi IFY, AI�ID bOES IiEREBY
TNDEN�'Y, HOLD HARMLESS AND DEFEND CITY, IT� OFFICERS, AG�AITS,
SERVAN'I'S Ai�iD EMPLOYEES, FROIVI .4IVD AGAni TST AI+I3C AND ALL CLAnVIS OR
SUITS FOR PROP�RTY DAI�iAGE OR LOSS AIYD/OR PER50NAL IIVJURY,
CNCLUDING IDEATH, Ta ANY f1ND ALL PERSONS, �F WHATSOEV�R KIND OR
CHARACTER, WEIE`i�ILER REAL Ola ASSERTED, ARISIl�i� OUT OI+' OR IIaI
CON1VlECTIOIV WTTH, DIRECTLY OR IIVDIR�CTLY, 'I'HE I�IATNI'EPiANC�,
OCCUPAl�iCY, USE, EXIST�NCE OR LOCATIOPi OF 5AID ENCROt1CHI4IENT A1QID
USES GRAI�TED HER�iJ1�IDER, WH�T�IER OR NO`I' �AUSE, FN WHOLE OR PA�2T,
BY ALLEGED NEGLIGEPiCE OF OFI'IC�RS, AG�IVTS, S�RVANTS, EMPLOI'�ES,
C�NTRACTOR�, SUBCOPITRACTORS, LiCEtV�EES aR Ifa1VITEES OI' CTTY; AI>1D
GRA.P1'I'E� H�RIGBY A55UiYIES ALL LIABII,ITY AND I2E5POIa1SIBILITY OF CI'I'Y,
IT5 OFFICERS, AG�NTS, SERVt�,�TS AND ENiPLOI'�IG�, P'O1Z 5UCI3 CLAIM� OR
3UITS. GRAIiiTEE SHALL LYKEWI�E A��UM� ALL LTABLl,l7['Y Al>!ll
RESPONS�I3ILI�'Y AI�iD 5I-TALL TNIDJEMIVIFY CITY FOR ANY AND ALL ItVJ�JRY OR
DAMAGE TO CI'Y'Y PROPERTY, ARISIIVG OUT O]R OR IN COIiTN�CTI01� WITH
ATdY �ND tiLL A�CTS OR OMISSIONS OF GRAli''d'GE, iTS OT+�iC�RS, AG�NTS,
SERVANTS, EMPLO'YY��S, COPITRACTORS, SUBCONTRACTORS, LIC�SI�G�S,
IN'VITE�S OR TR]GSPA55�RS.
15.
Grantee ngrees to fiirttish City with � Certificate of Insttrance, naming City as eet�tiFicate
holder, as proof that it has sec��red and paid for a policy of public liabilily insurance covering all
public risks related to the proposed use and occnpancy of public prope��ty as located and
described in Exhibit "B". The amounts of such insurance shall be not less that the following:
Property damage, per occurrence $100,000.00
Bodily injury, per persoii $250,000.00
Bocfily injury or death, per occttrrence �500,000.00
With tlie understanding of and agreement by Grantee that such insurancc amounts shall be revised
upward at City's option and that Grantee shall so revise such amouilt immediately foliowing
notice to Grantee of such requirement. Such insurance policy shall pravide that it cannot be
cancelecl ur amended without at (east thirty (30) days' prior written noeice to the B�tilding Official
5
CONSENF AGREEldENT(or Tempa�ary use oF poGlic {roperp�7 dnr.
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A".
Grantee agrees to sabmit a similar Certificate of Insurance annually ta City on the anniversary
date ofihe execution of this agreement.
Granfee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in
force such public liability insurance at all tirnes dnring the terni of this agreen�ent and wltil the
removal of ap enccoachments and the cleaning and restoration of the city streets. A(l insurance
coverage required herein shall include coverage of all Grantee's contractors.
16.
Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties
under this confract wrthout prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
17.
Tltis a�•eement shall be binding upon the parties hereto, their successocs and assigns.
18.
Should nny nction, whether r•eal or assei•ted, at law or in equity, arise out of tlie tei•ms and
conditions of this agreement or out of the use and occupancy of City property as permitted
hereunder, ven�ie For said action shali be in Tarrant County, Texas.
19.
[n any action broug(�t by City for the enForcemenC of fhe obligations of Gi�antee, City shall be
entitled to recover interest and reasonabfe attorneys' fees.
EXECCJTED this lOtMay of Jul� ____ .__, 20�7
GRANTOR:
CITY OF FORT WORT�T
� �--
Biiilding Official
GRANTEE:
SEDALCO, L.�?.
-.
,i- —`s' ...,
�'
i � `� ,\� _—
�
Russ Garrison, Vice President
Title
6
CONSENT AGREEMENTfar Temperery use of public pmperlyl.dec
A 1'. OV T O�,AaVD T,FC'7ALiTY:
� ��W�
Assisiant City Attorney
� `
City Secretaiy
r1� ��8r� ���.�4�IJ�h��;i����
-l���01
Date
D ate
CONSENT AGREEMENTfor Temporary use ot F�6�c properrytdo�
3
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S�'ATE OF TEXAS
C'OtlIVTY O�' TARRAI+IT
BEFORE ME, t�te ur2rle�sigfterl �aaihot�ily, u Natary Pttblic in aytrl
F� ��e St o T x ,�is tlay persofaally appeat�erd
,known to ine to be the person w{iose
nrc`rre is subscribe�l !o Plte foregoi�ag insiYufne��t, anrl rtc�inoivledgetl Po me
tlt�zi l:e/she execute�l tice same fot� t prrrpns s rrnd considertr io i{ieYein
exp�esse�X, ns tYie acl rznr� rlee�l of ,
and in ihe crcprcciiy f6aeYein statetl.
I�FN UNDFR MY NAND AND .�EA L OF OFFICE thr.s � 3 rlay
of 20� .
____����tc�f'��
Affia�aP
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cE..1 U � �l�ii _ � Gt
Title Q
� �. � �'��.�
NOt(df� P1tGI1C Cil (114f�,fOP�
The�� �e.x�� �
�O°>a"'� ;'�% R. G. NAREZ
'��'� = i�otary Public, State of Texas
_ '���; My Commission Expires
��°:;;;;;;;��° Sepfember 10, 2009
.5"TA7'E �F TEXAS
�`DIJNT�' OF TARRAIV7'
BEF�REME, t{ie unde��sigrterl aut�to��ity, a NoPnry Public in and
FoY elte Stnte of'Tex�rs, on �la�s rlrcy pet�sonally appertrerl Russ
Garrison ,known 10 me to be tlie person whose
nnsne rs subsc�ibetl to tfte fo��egoirag instYu�nent, and racicnowlerlgerd io »ie
t/aat lae./sl:e ehectcietl tlae sa��te for tlae purl�oses rtrx�f cnr�sirCeYrctinfa tliereiit
expressed, us the act and dee�lof Vice President of SEDALCO, L.�.
and in the cap�ecity tltef�ein staterl.
o J I�VF.I+! UNDER MYH 2�V� ��4ND SEAL OF OFFIC'E tlzis lOth ��zy
f y i
�.-.�- ;
A��lLFZ i
Vice President
Title
C_. /
( .1 tt ` _� /� l l `( �� -
�Votary Public in �tnrd fov �
T�te State of Tex�rs
�.. . . �.. . ..........
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STR�
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"�,S �eib'°s' � t_;(_�$ , �i '',!` ; )�: �iI
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Contractors Name: SEDALCO
�
Contact Person: � �� ��''-I
Phone number; 81%— ��/�� ����
I;L�C_; I'i,'.l ?I'LI� I'(Building Permitnumber: ��06-15101
���Y� U�� �'iBegin Date: "Jf],���'� End Date: 1��3].��%
W K FEE- _��' �CyiF= {, :��X � Ug �►}�''cise for Closyre;.�;����������
., .�.— _ .
�.T F���=_ �_� �--'t, � ,03 X�—� - `
TDIF��_ �YC� �.�i�,,,.
1�
T
G%�'x 10 �
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/,.
SIDEWALK:
$.015 x 124 x 9 x 108 =$1,807.92
$.015 x 106 x 14 x 108= $2,404.08
SUBTOTAL $4,212.00
STREET:
$.03 x 99 x 10 x 108 =
Gow�,rr+�flc.�.
$3,207.60
-��1 zl � y � � c�
€�.PPLICANT MLIST CALL FOR ANT�
I�ECEIVE AN INSPECTION AFTER A I,
�PPROPRIATE BARRIERS OR O�S�T [j�
�i�.� I1�1 P�,ACE.
�T'IO'
ACORD,� CERTIFICATE OF LIABILITY INSURANCE o;��o o°"�'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
IMA of Texas, Inc. ONLY AND CONFERS NU RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
840'I N. Central Expy Ste 225 ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW.
Dallas, TX 75225
P:214 365-6200; F:2'14 365-6290 INSURERS AFFORDING COVERAGE
INSURED
SEDALCO, L.P.
2554 E. Long Avenue
Fortwortn,nc 7s�a7
iNsuRERa: Zurich American Insurance
wsuReRa: American Guarantee & Liat
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE IIVSURANCE AFFOR�ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION5 AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHDWN MAY HAVE HEEfJ REDUCED BY PAID CLAIMS.
L� � POLICYEFFECT(VE POUCYIXPIRATION ���TS
TYPE OF INSURANCE POLICV NUMBER DATE MI�D D TE M D
A GENERAL UABILITY CP0399444603 12131/06 12/37107 EACH OCCURRENCE s1 000 000
X COMMERCIALGENERALLIABILhY FIREOAMAGE(Myonefire) 5300000
CLAIMS A7ADE � OCCUR MED EXP (My one person) $'� � 00�
PERSONAL & ADV INJURY $'I OOO OOD
GENERALAGGREGATE SZ OOO OOO
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS -COMP/OPAGG SZ OOO OOO
POLICY X j� LOC
A AUTOMOBILELIABIIRY TAP3994W703 12/31/06 '12l31107 COMBINEDSINGLELIMIT a1,000,000
(Ea ecddenQ
X ANY AUTO
X ALLOWNEDAUTOS BO�ILYINJURY S
(Per person)
X SCHEDULED AUTOS
X HIREDAUTOS BODILYINJl1RY g
i� NON-OWNEDAUTOS (Peracddenl)
PROPERiY DAMAGE 5
(Per accldanl)
GARAGE�LIABILRY AUTOONLY-EAACCIDENT $
ANY AUTO OlHER THAN � aCC $
AUTOONLY: AGG S
B EXCESS LIABIL.ITY AUC534237602 12/31/06 12/3�1/07 EACH OCCURRENCE s5 000 000
X OCCUR � ClAIMS A7ADE AGGREGATE $rJ OOO OOO
$
$
DEDUCTIBLE -
5
RETENTION S
B WORKERSCOM1IPENSATIONAND WC399a144803 12/3�1106 12/31/07 X WCSTATU- OTH-
EAIPLOYER8� uneam E.L. EACH ACCI�ENT 5'I,000,000
. E.l. DISEASE -EA EMPLOYEE $'I �OOO�OOO
E.L. DISEASE - POLICY LIMIT 5� �OOO�OOO
OTHER
OESCRIPTION OF OPERATIONSIIOCATIONSIVEHICLESlEXCLUSIONS ADOED BY ENODRSEh7ENT13PEC1Al PROVISIONS
Re: Caceria �uifding - The City of Ft. lNorth, Its officers & employees are additional insureds on all policies except workers
compensation if required by written contract. A Waiver of Subrogation applies in favor of City of Ft. Worth on all policies if
required by wriYten contract. This insurance shall not be cancelled, limi@ed in scope or coverage, cancelled or non-renewed until
after forty five (45) days prior wirt4en notice of cancellatian is given to the City of Ft. V1lorth.
CERTIFICATE HOLDER aoomow�wsur�o;iNsurtER�errett: _ CANCELLATION
SHOULD pNYOFTHEABOVE DESCRIBED POLICIESBECANCELLED BEFORE7HEEXPIRATION
CI�/ Of Ft. WOftll UATE THEREOF, THE ISSIIING INSURER WILI MAIL4�_DAYSWRITTEN
Stree� Management Section NOTICETOiHE CER77FIGATE HOLDERNAPAEDTOTHELEFT, B
371 W. 10th St. �
Fort Worth, TX 76�102
AUTHORIZEO REPRESENTA E
!
ACORD 25� (7/s7)q of 2 #S3263381iVi326337 , ��,5 o ACORD CORPORATION 1988
IMPORTANi
If the ce�ificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certiflcate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this csrtificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constiiute a contract beiween
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
afflrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25S(7/97)2 of 2 #5326338/M326337